N.M. Stat. § 6-24-21
Drawings for and payment of prizes; unclaimed prizes;
applicability of taxation.
A. All lottery prize drawings shall be open to the public. If the prior written approval
of the chief executive officer and the executive vice president for security are obtained,
the selection of winning entries may be performed by an employee of the lottery. A
member of the board shall not perform the selection of a winning entry. Drawings for a
prize of more than five thousand dollars ($5,000) shall be conducted and videotaped by
the security division and witnessed by the internal auditor of the authority or his
designee. Promotional drawings for a prize of less than five thousand dollars ($5,000)
are exempt from the requirements of this subsection if prior written approval is given by
the chief executive officer and the executive vice president for security. All lottery
drawing equipment used in public drawings to select winning numbers or entries or
participants for prizes shall be examined and tested by the chief executive officer's staff
and the internal auditor of the authority or his designee prior to and after each public
drawing.
B. Any lottery prize is subject to applicable state taxes. The authority shall report to
the state and federal taxing authorities any lottery prize exceeding six hundred dollars
($600).
C. The authority shall adopt rules, policies and procedures to conduct fair and
equitable drawings and establish a system of verifying the validity of tickets claimed to
win prizes and to effect payment of such prizes, provided:
(1)
no prize shall be paid upon a ticket purchased or sold in violation of the
New Mexico Lottery Act. Any such prize shall constitute an unclaimed prize for
purposes of this section;
(2)
the authority is discharged from all liability upon payment of a prize;
(3)
the board may by rule provide for the payment of prizes by lottery retailers,
whether or not the lottery retailer sold the winning ticket, whenever the amount of the
prize is less than an amount set by board rule. Payment shall not be made directly to a
player by a machine or a mechanical or electronic device;
(4)
prizes not claimed within the time period established by the authority are
forfeited and shall be paid into the prize fund. No interest is due on a prize when a claim
is delayed;
(5)
the right to a prize is not assignable, but prizes may be paid to a deceased
winner's estate or to a person designated by judicial order;
(6)
until a signature or mark is placed on a ticket in the area designated for
signature, a ticket is owned by the bearer of the ticket, but after a signature or mark is
placed on a ticket in the area designated for signature, a ticket is owned by the person
whose signature or mark appears, and that person is entitled to any prize attributable to
the owner; and
(7)
the authority is not responsible for lost or stolen tickets.